People v. Parrilla

Appellate Division of the Supreme Court of New York

People v. Parrilla

2016 NY Slip Op 8939, 145 A.D.3d 629, 42 N.Y.S.3d 825

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 2016

Docket2550 3033/14

StatusPublished

Cited by10 cases

This text of 2016 NY Slip Op 8939 (People v. Parrilla) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Parrilla, 2016 NY Slip Op 8939, 145 A.D.3d 629, 42 N.Y.S.3d 825 (N.Y. Ct. App. 2016).

Pincite

Opinion

Judgment, Supreme Court, New York County (Neil E. Ross, J.), rendered March 30, 2015, convicting defendant, upon his plea of guilty, of aggravated family offense, and sentencing him, as a second felony offender, to a term of 11/2 to 3 years, unanimously affirmed.

The indictment was not jurisdictionally defective. “The incorporation by specific reference to the statute” of the charged crime “operates without more to constitute allegations of all the elements of the crime” (People v Cohen, 52 NY2d 584, 586 [1981]; see also People v D’Angelo, 98 NY2d 733, 735 [2002]; People v Downs, 26 AD3d 525, 526 [3d Dept 2006], lv denied 6 NY3d 847 [2006]). Here, the indictment unmistakably identi *630 fied the “specified offense” (Penal Law § 240.75) defendant was alleged to have committed by stating its definition, albeit without identifying it by section number. There was no nonwaivable defect, and by his plea of guilty, defendant waived any nonjurisdictional claim that the indictment failed to include sufficient allegations to provide him with notice of the charges (see People v Iannone, 45 NY2d 589, 600-601 [1978]).

Concur—Acosta, J.P., Renwick, Andrias, Saxe and Gische, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Neil E. Ross, J.), rendered March 30, 2015, convicting defendant, upon his plea of guilty, of aggravated family offense, and sentencing him, as a second felony offender, to a term of 11/2 to 3 years, unanimously affirmed.

The indictment was not jurisdictionally defective. “The incorporation by specific reference to the statute” of the charged crime “operates without more to constitute allegations of all the elements of the crime” (People v Cohen, 52 NY2d 584, 586 [1981]; see also People v D’Angelo, 98 NY2d 733, 735 [2002]; People v Downs, 26 AD3d 525, 526 [3d Dept 2006], lv denied 6 NY3d 847 [2006]). Here, the indictment unmistakably identi *630 fied the “specified offense” (Penal Law § 240.75) defendant was alleged to have committed by stating its definition, albeit without identifying it by section number. There was no nonwaivable defect, and by his plea of guilty, defendant waived any nonjurisdictional claim that the indictment failed to include sufficient allegations to provide him with notice of the charges (see People v Iannone, 45 NY2d 589, 600-601 [1978]).

Concur—Acosta, J.P., Renwick, Andrias, Saxe and Gische, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2016 NY Slip Op 8939, 145 A.D.3d 629, 42 N.Y.S.3d 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-parrilla-nyappdiv-2016.

Opinion

Related

Cite This Page — Counsel Stack